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Schedule 6 4(a) HBR 2006

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  • April 28, 2006 at 9:06 am #22167
    Vix
    Participant

    I have an appeal against a DNQ – capital over £16K decision.

    Claimant states that neither her nor her partner have any capital but have declared that the partner owns a property (worth £120K) which his father lives in and pays the mortgage on.

    I’ve read Schedule 6 4(a) (below) and am slightly confused – does it apply to them?

    [quote:2f609396e6]”Any premises occupied in whole or in part –
    (a) by a partner or relative of a single claimant or any member
    of the family as his home where that person is aged 60 or
    over or incapacitated”[/quote:2f609396e6]

    Can you advise??

    April 28, 2006 at 9:19 am #6921
    Vix
    Participant

    thanx, got confused as to whether the claimant had to be single? I think it was just the way I was reading it!

    April 28, 2006 at 9:24 am #6922
    Anonymous
    Guest

    If the house is owned by the claimant or any member of his family (ie his partner or children (excluding non dependant children) who live with him, and that house is occupied by a relative who is over 60 or incapable of work for social security purposes, then it is disregarded.

    If the father is either over 60 or incapable of work, it will apply in this case and the house must be disregarded.

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